Car Accident

Queens Car Accident Personal Injury Lawsuit: Everything You Need to Know

Car accidents in Queens, NY are an unfortunate reality. Most of these collisions result in injuries, and some even cause death. The majority of car crashes are  due to the negligence of another driver. Whether they were texting while driving, inattentive, or drowsy, they failed in their duty to operate their vehicle safely. In cases of careless or negligent driving that causes personal injury to another person, the latter is entitled to compensation under the law. An experienced and knowledgeable car accident lawyer can help understand your rights and help you get the compensation you deserve for medical expenses, lost wages, and more.

If you have been in a car crash due to someone’s else negligence, here is everything you need to know before you file a lawsuit. 

Basics of Car Accident Personal Injury Claim

If you have medical coverage or personal injury protection, you can file a claim with your own insurance company. The claim for your injury will be covered by your insurance company irrespective of who is at fault.   

However, the real challenge is when you have to file a claim with the other party’s insurance company. The insurance company will strongly defend their client and will not easily part away with their money to pay you. To have a settlement in your favor, it is important to prove that:

  • The accident is caused due to the other person’s negligence or carelessness 
  • The collision has caused you personal injuries 
  • There are specific costs incurred by you with regard to medical care, pain, suffering, disability, loss of work hours, etc. 

As a layman, it may be challenging for you to gather the proper evidence and prove negligence of the other driver. Therefore, you need a professional car accident attorney who can guide you through the entire legal process and get a fair settlement for your injuries. 

According to Queens car accident lawyer Jay Galleshaw, filing an injury claim doesn’t mean there will be a court trial. Many claims are settled outside of the court system in the process of negotiations with the insurance company.

What Damages are Covered in a Queens Car Accident Claim?

According to the New York State Insurance Law, the following categories of injuries are categorized as “serious injury.” These injuries may require you to file a claim against the other person’s insurance company.

  • Loss of limb
  • Broken bones
  • Serious disfigurement 
  • Loss of a bodily function, organ, or use of a body system 
  • Loss of pregnancy 
  • Major injury to internal organ 
  • Injuries that impede your day to day activities for at least 90-180 days from the date of accident 
  • Death 

Key Steps to Car Accident Personal Injury Claim 

When you hire a car accident lawyer for your personal injury claims in Queens, they should take a comprehensive approach to get you the best settlement. This includes: 

  • Initial investigation at the scene of the accident, gathering witnesses, and analyzing the damages caused
  • Filing a claim with your/other party’s insurance company 
  • Medical and liability investigation 
  • Negotiating for a fair settlement to the claimant 
  • Mediation or court trial 

Only a licensed car accident lawyer can assist you through all legal proceedings and negotiations involved in recovering the compensation needed for your injuries.